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Understand Your Right to Legal Advice during a DWI Investigation

Posted By Jerry Loftin & Associates || 30-Aug-2017

Many people are not entirely aware of the rights they have as citizens
being arrested or facing criminal charges. While most believe know they
have a right to an attorney, they do not know when, where, and how they
can invoke that right – especially during a DUI arrest or investigation.

Keep in mind, until you are under arrest, you do not have any formal right
to an attorney. At the same time, however, you do not have any general
obligation to incriminate yourself either.

You Have the Right to Remain Silent

As soon as you are arrested for a DWI, you have a right to legal advice
from an attorney. It is crucial to understand that the less you say and
do, the less likely you are to give the officer a reason to continue the
investigation. Questions, field sobriety tests, and even small talk are
all attempts for law enforcement officers to gather evidence against you.

So for any questions or requests for cooperation, you are able to politely
– but firmly – ask to consult with a lawyer. If your request
is ignored, then your attorney can ask the court to suppress any evidence
collected after that denial. This is often the blood or breath test results.

The Police Officer’s Investigation

The main part of your lawyer’s job is to examine the circumstances
surrounding the arresting officer’s investigation. Whether the law
enforcement official failed to remind you of your Miranda rights or failed
to properly calibrate the devices used to conduct the chemical tests,
an experienced criminal defense attorney can pinpoint those violations
and use them to suppress the evidence of DWI, which can result in the
dismissal of your entire case.